Similar to “family day care homes” and “residential care facilities,” restrictions in an association’s governing documents (i.e., in its CC&Rs) that prohibit the non-residential uses of properties may not be used to prohibit a property from operating as a “alcoholism or drug abuse recovery or treatment facility” (i.e., a sober living home) that services six (6) or fewer persons:

“For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.” (H&S Code § 11834.25.)

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